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Case 1:07-cv-03026-NLH-AMD Document 5 Filed 08/06/2007 Page 1 of 3
APPEARANCES:
Plaintiff Aaron Walter Fraser, an inmate who is confined at the Federal Correctional
Institution at Fort Dix, New Jersey, seeks to bring this action in forma pauperis pursuant to 28
U.S.C. § 1915. The Court will grant in forma pauperis status and dismiss the Complaint.
I. BACKGROUND
Frederick K.S. Price, Crenshaw Christian Center, and Stephen Strang, for breach of promise. He
alleges that on June 16, 2007, he purchased a book entitled “Answered Prayer Guaranteed!” He
alleges that the book, which was written by Frederick K.C. Price and published by Strang
guaranteed an affirmative answered prayer.” (Compl. ¶ 8.) Plaintiff asserts that the book failed
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Case 1:07-cv-03026-NLH-AMD Document 5 Filed 08/06/2007 Page 2 of 3
to live up to its guarantee and, as a result, he has suffered emotional and psychological damage,
and he is in a worse state than before he purchased the book. (Id. ¶¶ 9-13.)
The Prison Litigation Reform Act (“PLRA”), Pub. L. No. 104-134, §§ 801-810, 110 Stat.
1321-66 to 1321-77 (April 26, 1996), requires the Court, prior to docketing or as soon as
proceeding in forma pauperis. The statute requires the Court to review the complaint to identify
cognizable claims and to sua sponte dismiss any claim if the Court determines that it is frivolous,
malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a
A claim is frivolous “where it lacks an arguable basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A court may dismiss a claim as factually frivolous if “the
facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic,
and delusional.” Denton v. Hernandez, 504 U.S. 25, 33 (1992) (citations and internal quotation
marks omitted). A finding of factual frivolousness is appropriate “when the facts alleged rise to
the level of the irrational or the wholly incredible, whether or not there are judicially noticeable
facts available to contradict them.” Id.; accord Hines v. United States, 166 Fed. Appx. 610, 611
III. DISCUSSION
Plaintiff’s allegations that God did not answer his prayers, contrary to promises
Defendants made in a book, are factually frivolous under the Denton standard. This Court will
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IV. CONCLUSION
The Court grants Plaintiff’s application to proceed in forma pauperis and dismisses the
Complaint as frivolous.
s/ Noel L. Hillman
At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.